United States v. Arizona: The Support Our Law Enforcement and Neighborhoods Act
(Originally written in 2011)
Abstract: In this paper I argue that S.B. 1070 should be not be upheld for two reasons. First, in ways that will be explicated below, S.B. 1070 directly conflicts with federal immigration law; thus it is preempted according to the Supremacy Clause of the Constitution. Second, the law is unconstitutional because it allows for discrimination by police officers on the basis of race or national origin. This Note contends that the Ninth Circuit correctly affirmed the decision of the lower court to find S.B. 1070 preempted by federal immigration law; however the Ninth Circuit should have also found that S.B. 1070 is unconstitutional on discriminatory grounds. Part II discusses the evolution of the relevant case law. Part III of the Note illustrates the relevant portions of S.B. 1070 and the District Court’s reasoning in United States v. Arizona. Part IV explains why the Ninth Circuit correctly affirmed the decision that S.B. 1070 is preempted by federal immigration law and expounds how the law is also discriminatory on the basis of national origin against Hispanics. Finally, Part V comments on the possible consequences of S.B. 1070 and the effect of a Supreme Court decision to either affirm or reverse the injunction.
Click this file to view the entire PDF file.
Melissa D. Goolsarran Ramnauth, Esq. is a trial-winning business and trademark attorney. She primarily helps new and small businesses with trademarks, formation, and name clearance searches. She writes articles on the importance of trademarks, trademark law updates, and also West Indian history (with an emphasis on India, Trinidad, Guyana, and the United States).
MDGR Law, P.A.
PO Box 101794 Fort Lauderdale, FL 33310-1794